Guddu Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36055 of 2023 Arising Out of PS. Case No.-140 Year-2023 Thana- MOTIHARI TOWN District- East Champaran ====================================================== Guddu Sahani Son of Late Birendra Sahani Resident of Village- Siswa Ajagari, PS- Banjariya, District- East Champaran, Motihari ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Kumar For the Opposite Party/s :

Mr.Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 399, 402 of the Indian Penal Code and sections 25(1-b)a, 26 and 35 of the Arms Act. As per allegation in the FIR, informant received information that some miscreants variously armed were assembled near Raja Bazar, Motihari and were planning to commit a crime. Acting on a tip off, police party proceeded towards place of occurrence and apprehended three accused persons including the petitioner and two miscreants managed to escape. On search, one loaded country made pistol and one live cartridge were recovered from the possession of the petitioner. It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.36055 of 2023(2) dt.03-07-2023 2/2 that petitioner has been falsely implicated in this case. The alleged recovery is planted by the police officials. Police has not complied the mandatory provision of Section 100 Cr.P.C. while preparing the seizure list as the seizure list witnesses are police officials. He is languishing in judicial custody since 5.2.2023. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned CJM, Motihari, East Champaran in connection with Town P.S. Case No. 140 of 2023.

(Sunil Kumar Panwar, J) sushma/- U